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B-203205 1 (1982-01-05)

handle is hein.gao/gaobadjzp0001 and id is 1 raw text is: .1 /' 77~ 2 ,_' DEISON T HF. PT 0 4GENERAL omIsiION O OF THE UNITED DTATED W A S H I N G T 0 N 0,11, 20548 FILEI B-203205 OATE: January 9, 1981 MATTER OF; Abdullah Mohamed Bin Gabr DIGEST: Claim of Saudi contractor for expenses incurred under implied housing construction contract between the United States and the contractor is denied since the Saudi Arabian Government was to pay for the houa-ing project snd United States Military Training Mission personnel were acting, in effect, only as agents for the Saudi Government, Abdullah MohWed B1n Gabr, a Saudi Arabian contractincq company, claims 537,360 Saudi Riyals ($161,515) for construction work performed under instructions from officials of the United States ilitary Train- Ing Mission to Saudi Arabia. For the Leasons given below, we conclude that the claim must be denied, III June 1975, the United States Military Training Mission was in critical need of housing at Dhahran Airport, SaLdi Arabia, Based on discussions between Colonel Mullin, Deputy Chief of the Training Mis- sion, Lieutenant CoaTander Pratt, the Training Mission's Chie. Engineer, and General Othran Al-flurraid, the Saudi Arabian Chief of Staff, the Saudi Arabian linistry of Defense and Aviation agreed to pay for and administer the first phase of a three phase construction program for Training Mission requirements. The first phase called for construction of three bachelor quarters and five villas for family quarters. During their discussions, the parties agreed that the Training Mission would be responsible for negotiating a final price and telec- ting a contractor, apparently because it could not wait for the Saudis to go through their procurement procedures. It was understood that after the Training Mission selected a contractor, its reconTrendation would be submittcrd to the Saudi refense Ministry for award of the con- tract. No United States funds either were appropriated for, or were intended to be used on, the project. Soon after the described urnderstanding was reached, Colonel Mullin and Coiamander Pratt contacted the claimant's manager, Nassif Younes, about the claimant m.king an offer for the construction contract. To other offers were made on the project, but the claimant's was the lovest. From July through late October 1975, Colonel ullin and Cormander Pratt

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